How Long Do You Have to File a Car Accident Lawsuit? Deadlines in Tennessee, Mississippi, Arkansas, Texas, Kentucky and Georgia (2026)
Reviewed by Larry “Jimmy” Peters, Attorney · Updated September 2026
Why does the filing deadline matter so much?
Every state sets a “statute of limitations” — a hard cutoff for filing a lawsuit after an injury. If the lawsuit is not on file with the court before that date, the at-fault driver’s insurance company no longer has any reason to pay. It can simply wait for the clock to run out. Insurance adjusters know these dates to the day, and a claim that drags on with “we’re still reviewing” is often a claim being run out of time.
The deadline is set by the state where the crash happened, not where you live. A Memphis driver hurt in a wreck across the bridge in West Memphis is on Arkansas’s three-year clock; a Southaven driver hurt on I-240 in Memphis is on Tennessee’s one-year clock. Southern Injury Attorneys handles cases in all six states below, and the first thing we check on any new case is which deadline applies.
What is the car accident statute of limitations in each state?
| Estado | Deadline (injury) | Statute | Key wrinkle |
|---|---|---|---|
| Tennessee | 1 año | Tenn. Code Ann. § 28-3-104(a)(1) | Extends to 2 years if the at-fault driver is criminally charged for the crash (§ 28-3-104(a)(2)) |
| Mississippi | 3 años | Srta. Code Ann. § 15-1-49 | Only 1 year (plus a 90-day pre-suit notice) against a government entity |
| Arkansas | 3 años | Ark. Code Ann. § 16-56-105 | Wrongful-death claims run from the date of death |
| Texas | 2 años | Tex. Civ. Prac. " Rem. Code § 16.003 | Written notice to a government entity within 6 months (some city charters require less) |
| Kentucky | 2 years (motor vehicle) | KRS 304.39-230(6) | Clock runs from the crash or the last PIP (no-fault) payment, whichever is later; claims outside the no-fault system get only 1 year (KRS 413.140) |
| Georgia | 2 años | O.C.G.A. § 9-3-33 | Ante litem notice to a city within 6 months, county or state within 12 months |
Tennessee: why one year is the shortest clock in the region
Tennessee gives injured people just un año desde la fecha del accidente to file suit under Tenn. Code Ann. § 28-3-104(a)(1). That is among the shortest injury deadlines in the country, and it catches people off guard because medical treatment alone can take most of that year. If you are still treating at month nine and the insurer is still “evaluating,” you are in danger.
There is one important extension: if the at-fault driver is criminally charged for conduct that caused the crash (a DUI, reckless driving, vehicular assault), the deadline becomes dos años under § 28-3-104(a)(2). Do not assume this applies to you — it depends on an actual charge being filed, and we verify it against court records before relying on it.
Claims against a Tennessee city, county or state agency (a city bus, a police cruiser, a poorly maintained road) fall under the Governmental Tort Liability Act, which also carries a twelve-month limit and its own procedural rules. Property-damage-only claims get three years, but the injury claim is what matters, and it gets one. Our Tennessee statute of limitations guide covers the exceptions in depth, and our Tennessee car accident lawyers page explains how a claim is built inside that one-year window.
Mississippi: three years, unless the defendant is the government
Mississippi’s general injury deadline is tres años under Miss. Code Ann. § 15-1-49. That is generous compared with Tennessee, but it produces its own problem: people wait. Evidence disappears quickly — dash-cam footage is overwritten, business surveillance is deleted in days, and witnesses move — so a three-year deadline is not a reason to delay the investigation.
The trap in Mississippi is the Mississippi Tort Claims Act. If the at-fault driver was working for a city, county, school district or state agency, you must serve a written notice of claim at least 90 days before filing suit, and the lawsuit itself must be filed within un año (Miss. Code Ann. § 11-46-11). Beginning July 1, 2026, the Tort Claims Board maintains an online registry of where that notice must be sent, and the one-year clock is tolled if the registry information is wrong — but the safest course is still to send notice early. Learn more on our Mississippi car accident lawyer página.
Arkansas: three years for injury claims
Arkansas allows tres años from the date of the crash to file an injury lawsuit under Ark. Code Ann. § 16-56-105. A wrongful-death claim also carries a three-year limit, measured from the date of death rather than the date of the crash. Claims against the State of Arkansas itself are not filed in circuit court at all — they go to the Arkansas State Claims Commission, which has its own procedures — and claims against cities and counties involve immunity rules that need an early legal review.
One more Arkansas-specific point: the state’s 50 percent bar means that if you are found to be half or more at fault, you recover nothing. That makes early evidence preservation just as important as the deadline. See our Arkansas accidente de coche abogado page for the full picture, including the $5,000 in first-party medical benefits most Arkansas policies carry.
Texas: two years, with a six-month government notice rule
Texas sets a dos años deadline for injury and wrongful-death claims under Tex. Civ. Prac. & Rem. Code § 16.003. The shorter deadline hidden inside Texas law is the Texas Tort Claims Act notice requirement: to sue a governmental unit, you must give written notice of the claim within seis meses of the incident (§ 101.101), and several city charters — Houston’s among them — require notice in as little as 90 días. A crash with a city vehicle in Houston or Dallas therefore has a real deadline measured in weeks, not years.
Texas is also a “51 percent” state: you are barred from recovery only if your share of fault is greater than 50 percent. Our Texas car accident lawyer page walks through how fault, deadlines and Texas’s minimum insurance limits fit together.
Kentucky: two years for most crashes, but not all
Kentucky is a no-fault state, and its motor-vehicle deadline lives in the no-fault statute. Under KRS 304.39-230(6), a claim for injuries from a motor-vehicle crash must be filed within dos años of the injury o of the last personal injury protection (PIP) payment, whichever is later. Because PIP payments can continue for months, the true deadline is often later than two years from the crash date — but it should never be counted on without a lawyer confirming the last payment date in writing.
The exception matters for motorcyclists. Kentucky’s general injury deadline is only un año (KRS 413.140(1)(a)), and riders who are not covered by the no-fault system are generally held to that shorter clock. A wrongful-death claim in Kentucky also runs on a one-year clock measured from the appointment of the estate’s personal representative. Our Louisville accidente de coche abogados y Lexington accidente de coche abogados pages explain Kentucky’s PIP system and how it interacts with these deadlines.
Georgia: two years, plus “ante litem” notice for government claims
Georgia allows dos años from the date of injury under O.C.G.A. § 9-3-33. Georgia law tolls (pauses) that clock while a criminal prosecution arising from the same crash is pending, for up to six years (§ 9-3-99), which can help victims of DUI and hit-and-run crashes — but it is a fact-specific rule that should be confirmed for your case, not assumed.
Government claims in Georgia require an ante litem notice: within seis meses for a claim against a city (§ 36-33-5) and within doce meses for a claim against a county (§ 36-11-1) or the State (§ 50-21-26). The notice must contain specific information, and a defective notice can end the case. Our Atlanta car accident lawyers page covers Georgia’s rules in detail, including the state’s uniquely strong rideshare insurance requirements.
What deadlines exist besides the statute of limitations?
The statute of limitations is the deadline for filing a lawsuit. Several other clocks start running the day of the crash:
Insurance-policy notice. Your own policy requires “prompt” notice of a crash, and uninsured/underinsured motorist (UM/UIM) claims often have contractual deadlines and consent-to-settle requirements that are shorter than the statute. Missing them can forfeit coverage you paid for. See our guide to uninsured motorist claims.
Evidence retention. Commercial trucking companies are only required to keep electronic logging device records for six months. Traffic-camera and business surveillance video is often overwritten within days. A spoliation letter sent early is the only reliable way to preserve it.
Government notice. As explained above, notice deadlines for claims against public entities range from 90 days to 12 months across our six states, and they are strictly enforced.
Medical liens. Health insurers, Medicare, Medicaid and hospitals assert liens that must be resolved before a settlement is paid. They do not stop the case, but handling them late shrinks what you actually take home.
Does the clock ever pause?
All six states recognize some form of “tolling” — circumstances that pause the deadline. The most common are the injured person being a minor (the clock generally does not start until age 18), the injured person being legally incapacitated, and in some states the defendant leaving the state or a related criminal prosecution being pending. The “discovery rule” — which starts the clock when an injury is discovered rather than when it occurred — rarely helps in a car crash, because the injury is known on the day it happens.
Tolling rules are technical, differ state by state, and are the kind of thing insurers litigate hard. Treat them as a possible safety net, never as a plan.
What happens if you miss the deadline?
The defendant files a motion to dismiss, the court grants it, and the case is over — regardless of how serious your injuries are or how clear the other driver’s fault is. The insurance company also knows this, which is why claims sometimes stay “under review” right up to the deadline. If a claim has not settled and the deadline is within a few months, a lawsuit needs to be filed to protect it. Filing does not mean the case will go to trial; most cases settle after filing. Our page on whether your case will settle or go to court explains what filing actually changes.
How soon should you talk to a lawyer?
As early as possible — ideally within days of the crash, not months. The earliest weeks are when evidence is preserved, the right insurers are put on notice, treatment is documented properly, and the correct deadline is calendared. That is true in a three-year state like Mississippi and urgent in a one-year state like Tennessee. Southern Injury Attorneys represents crash victims across Tennessee, Mississippi, Arkansas, Texas, Kentucky and Georgia, the consultation is free, and there is no fee unless we win. Start with a free case review o llamada 901-300-5001.
Preguntas frecuentes
¿Cuánto tiempo tengo que presentar una demanda por accidente de coche en Tennessee?
One year from the date of the crash under Tenn. Code Ann. § 28-3-104(a)(1). It extends to two years only if the at-fault driver is criminally charged for the conduct that caused the crash.
¿Cuánto tiempo tengo que demandar después de un accidente de coche en Mississippi?
Three years under Miss. Code Ann. § 15-1-49 for claims against private drivers. Claims against a government entity must be filed within one year, after a written notice of claim served at least 90 days before suit.
What is the statute of limitations for a car accident in Arkansas?
Three years from the crash under Ark. Code Ann. § 16-56-105. Wrongful-death claims are measured from the date of death.
How long do I have to file a car accident claim in Texas?
Two years under Tex. Civ. Prac. & Rem. Code § 16.003. Claims against a governmental unit require written notice within six months, and some city charters require notice within 90 days.
What is Kentucky’s car accident statute of limitations?
Two years from the injury or the last PIP payment, whichever is later, under KRS 304.39-230(6). Claims outside the no-fault system, which can include many motorcycle claims, carry a one-year deadline under KRS 413.140.
¿Cuánto tiempo tengo que presentar una demanda por accidente de coche en Georgia?
Two years under O.C.G.A. § 9-3-33. Claims against a city require ante litem notice within six months; county and state claims require it within twelve months.
Does the deadline start on the crash date or when I finish treatment?
The crash date, in all six states. Ongoing treatment does not pause the clock, which is why cases in short-deadline states like Tennessee often have to be filed before treatment is complete.
Is the insurance claim deadline the same as the lawsuit deadline?
No. The statute of limitations governs filing a lawsuit. Your own policy may require notice within days, and UM/UIM claims often carry shorter contractual deadlines. An insurer’s open claim file does not stop the statute of limitations from running.
This article is legal information, not legal advice, and does not create an attorney-client relationship. Statutes of limitation, notice requirements and tolling rules change and depend on the specific facts of a case; confirm the deadline that applies to you with a licensed attorney in the state where the crash occurred. Prior results do not guarantee a similar outcome. Southern Injury Attorneys is licensed in Tennessee, Mississippi, Arkansas, Texas, Kentucky, and Georgia, with offices in Memphis, Houston, Dallas, and Atlanta. Responsible attorney: Larry “Jimmy” Peters, Tennessee BPR #37889.
